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Feb 05 2013 (TRI)

The Income-tax Officer, M/S. Sarvodaya Mutual Ward I(1) Vs. Benefit Tr ...

Court : Income Tax Appellate Tribunal (ITAT) - Chennai

..... appeals arise out of the assessments completed under section 143(3) of the income-tax act, 1961. 3. the assessee is a prominent ngo working among the rural folk in different parts of india, with the aim of raising the living standard of poor villagers, especially scheduled casts, tribes and other backward communities. the assessee trusts are registered, in these cases in tamil nadu ..... section 194a. he argued that the finding of the commissioner of income-tax(appeals) that the interest expenditure is deductible under section 28 itself is against the scheme of the act. the learned commissioner of income-tax explained that section 36(1)(iii) specifically provides for deducting interest payments in computing the business profits for the purpose of section 28 and ..... covers only the expenses claimed by an assessee under sections 30 to 38. he accordingly deleted those disallowances made by the assessing authority under section 40(a)(ia) of the act. 13. these two modifications granted by the commissioner of income-tax(appeals), stated in the above paragraphs, are the two issues raised by the revenue in all these appeals ..... paying interest to snbfcl without deducting tax at source. the assessing officer held that the assessees are bound to deduct tax at source under section 194a of the income-tax act, 1961. but, tax was not deducted. the assessing officer, therefore, held that section 40(a)(ia) is attracted. accordingly, he disallowed the payments of interest made by the assessee trusts .....

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Jun 14 1983 (TRI)

income-tax Officer Vs. Haryana Harijan Kalyan Nigam Ltd.

Court : Income Tax Appellate Tribunal (ITAT) - Chandigarh

Reported in : (1983)5ITD282(Chd.)

..... ' shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the constitution ; [1980] 123 itr (st.) 9. (i) any income of a corporation established by a central, state or provincial act ; or ..... act or of any other body, institution or association (being a body, institution or association wholly financed by government) where such corporation or other body or institution or association has been established or formed for promoting the interests of the members of either the scheduled castes or the scheduled tribes or of both. explanation-for the purposes of this clause, 'scheduled castes' and 'scheduled tribes ..... and backward classes department, chandigarh2.director, welfare of scheduled castes and backward 1 --------- classes department, haryana, chandigarh 117350 --------- the paid up capital of the assessee-company as on 30-6-1977 ..... act, 1956. it came into existence as a consequence of the haryana government decision dated 5-8-1970. the total paid up capital comprised of rs. 1,13,50,000 in equity shares numbering 11,350 of rs. 1,000 each and the said shares were held as under :1.commissioner and secretary to government, haryana 11,349 welfare of scheduled castes .....

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Nov 09 1984 (TRI)

Leuva Patel Nutan Kelwani Mandal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal (ITAT) - Ahmedabad

Reported in : (1985)12ITD276(Ahd.)

..... not be deemed to be a trust or institution created or established for the benefit of a religious community or caste within the meaning of clause (b) of sub-section (1).14. now, the constitution of ..... after the commencement of this act, any income thereof if the trust or institution is created or established for the benefit of any particular religious community or caste ; explanation 2 to section 13, which is also relevant for our purpose, reads as under: a trust or institution created or established for the benefit of scheduled castes, backward classes, scheduled tribes or women and children shall ..... the assessee filed its return, wherein it claimed that its income was exempt under section 11 of the income-tax act, 1961 ('the act'), on the ground that it was not created/established for the benefit of any particular religious community or caste. the ito, however, did not accept the assessee's contention as he was of the view that the assessee' ..... should find out whether the members of the beneficiary community can belong to different religious denominations and whether they constitute a caste as such.7. thereafter, the ito examined the president of the assessee-mandal under section 131 of the act. it would be necessary to reproduce the entire statement of the president of the assessee-mandal, which reads as under .....

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Jun 26 2002 (TRI)

All India Children Care and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal (ITAT) - Allahabad

..... not solely for education but also for several other activities, such as, to provide hostel facility for working women, to provide employment, create consciousness amongst the persons belonging to scheduled castes/tribes living below poverty line, plantation, pollution, rural development, medical aid, old age home, etc. the ao considered that the income of the society is not exempt under section ..... proceeding if such return of income, assessment, notice, summons or other proceedings is in substance and effect in conformity with or according to the intent and purpose of this act. during the course of argument, we have directed the learned departmental representative to produce the original record of the assessment before us, out of which the learned departmental ..... years represented."income of the educational institution existing solely for educational purposes" and not for the purposes of "profit" and specifically exempt under section 10(22) of the it actit actit act. the learned counsel placed reliance on the decision of the orissa high court in the case of secondary board of education, orissa v. ito ward-e, cuttak (supra ..... pretence. the learned counsel also referred to certain decisions of the hon'ble supreme court.according to the learned counsel the basis for issuing notices under section 148 of the act was that the assessee has been running school, an "institution" and earning income from, such institution and making investment in purchase of buses and buildings. according to .....

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Apr 19 1990 (TRI)

income-tax Officer Vs. A.P. Industrial Infrastructure

Court : Income Tax Appellate Tribunal (ITAT) - Hyderabad

Reported in : (1990)34ITD381(Hyd.)

..... a reserve fund and the reserve fund was also meant to advance the cause of the scheduled tribes as a whole. in the circumstances, the assessee was held to be a public charitable institution entitled to get exemption of its income under section 11 of the act.6. in the case before us, the assessee corporation was formed in terms of a government ..... summit court. the beneficiaries in the present case would be anybody and everybody who is interested or concerned in the rapid industrial development of the state, without any distinction of caste, creed etc. this view also finds support from a decision of the jurisdictional high court in citcitcit v. andhra pradesh police welfare society [1984] 148 itr 287 (ap ..... , we refer here to the three authorities relied on by the learned counsel for the assessee.10. the first one is the decision of the supreme court in ahmedabad rana caste association v. citcitcit [1971] 82 itr 704, wherein assessee, an association of persons, in which the beneficiaries were only members of the rana ..... caste or community and that too natives of city of ahmedabad, the beneficiaries were held to be constituting a section of the public within the meaning of section 11(1)(a) of the act. their lordships of the apex court held that it was well-settled that an .....

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Oct 15 1993 (TRI)

inspecting Assistant Vs. Matrusri Educational Society

Court : Income Tax Appellate Tribunal (ITAT) - Hyderabad

Reported in : (1994)48ITD583(Hyd.)

..... year relevant to assessment year 1983-84, 240 students were admitted - 140 from general list panel on merit, 60 from management quota and 40 from government list prepared for scheduled castes/scheduled tribes/ backward classes. capital fee was collected at the rate of rs. 25,000 to rs. 35,000 and transferred to college for construction of buildings and meeting other capital ..... the income generated therefrom must be utilised exclusively for educational activities. if these requirements are complied with, the assessee's income shall be exempt under section 10(22) of the act. the jurisdictional high court in the case of governing body of rangaraya medical college (supra) also observed that merely because certain surplus arose from the society's operations, it ..... l. kuppusamy, submitted that the institution was not existing solely for the purpose of education and, therefore, it was not entitled to exemption under section 10(22) of the act. referring to various discrepancies pointed out by the assessing officer in detail, he submitted that shri subba rao was doing every thing for his personal benefit, pocketed or diverted ..... subba rao whereas the other withdrawals are not so clear about the destination or how exactly these amounts were apportioned. but the fact ramains that the society did not act as an association solely existing for educational purpose without profit motive. an analysis of the books of account reveal that matrusri educational society is only an extension of the matrusri .....

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Oct 23 2003 (TRI)

Dy. Cit, Special Range 18 Vs. Reliance Industries Ltd.

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

Reported in : (2004)88ITD273(Mum.)

..... the industrial unit. it was also one of the conditions of the eligibility certificate originally issued that in the matter of employment of personnel for the unit, candidates from scheduled castes and scheduled tribes and local people should be given preference. all these facts have not been disputed before us. the departmental authorities have relied on the assessment and appellant order for ..... had retained money belonging to the government. as regards the impact of the eligibility certificate issued by sicom, the tribunal noticed section 2(12b) of the bombay sales tax act which defined "eligibility certificate" as meaning a certificate granted by sicom under the package scheme of incentives designed by the state government for promoting industrialization of the backward areas ..... sales tax act and central sales tax and other rules there under. now what is the amount for which the exemption from payment to the state government is granted? the amount additionally ..... sales bills. the sales bills are inclusive of taxes, except sales of methanol and scrap." after referring to the above facts, the relevant provisions of the bombay sales tax act and the other documentation, the tribunal concluded as follows :- so what the assessee has obtained from the state government is exemption from the payment of tax under the bombay .....

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Oct 31 1994 (TRI)

Deputy Commissioner of Vs. A.P. State Textiles Development

Court : Income Tax Appellate Tribunal (ITAT) - Hyderabad

Reported in : (1995)53ITD142(Hyd.)

..... ) in the case of girijan co-op. corporation ltd., the shareholders are co-op. stores, which are in turn constituted by the persons belonging to scheduled tribes as its members. thus, the persons belonging to s. ts are the members/shareholders/beneficiaries of the corporation through their co-op. societies. (ii) the ..... construed as an advancement of any other object of general public utility and that even the government undertakings and public sector enterprises which are cast in the mould of model employer do not enjoy any such privileged position. he further observed that the industries operating in rural/backward ..... that the government or public sector undertakings are otherwise liable to tax under the income-tax act in respect of profits earned by them and that being so, how the assessee-company, cast in the same mould as the genre of government or public sector undertakings, could claim exemption ..... which might be charitable, it was not translated into reality through the instrumentality of the assessee corporation. it being a company, under the companies act, is governed by its memorandum of association and articles of association which nowhere binds it, to the avowed objects contained in the memorandum of ..... in respect of the income earned by it under section 11 of the it actit actit act by claiming that its objects are charitable in .....

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May 28 2004 (TRI)

James Mackintosh and Co. (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

Reported in : (2005)93ITD466(Mum.)

..... no doubt that there are some similarities between these two expressions but the very fact that the un model convention commentary has used the expression 'scheduled or planned' would indicate that, in this particular context, these expressions have different, whether or not entirely mutually exclusive, connotations.this fact is more ..... deemed to be received in india. the taxability under section 44b, therefore, cannot be less than the taxability under section 172(4) of the act. under section 172(6), a port clearance is not to be granted to the ship until and unless the collector of customs, or other ..... contracting state.27. we now take up the learned counsel's contention that since the assessee was subjected to tax under section 172 of the act, even the revenue's stand is that profits of the assessee constitute "profits of non residents from occasional shipping business" and, for this reason ..... earned profits from occasional shipping business which is distinct from profits of shipping as a regular source of income assessable under section 44b of the act, which is titled as 'special provision for computing profits and gains of shipping business in the case of non residents'. the learned counsel has ..... more than casual'.5. the learned counsel further contends that the assessee in this case was assessed to tax under section 172 of the it actit actit act, which covers only the "profits of non-residents from occasional shipping business". our attention was invited to the fact, on the body of .....

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Apr 03 1982 (TRI)

Vispro Foundry Engineers (P.) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal (ITAT) - Madras

Reported in : (1984)7ITD721(Mad.)

..... the board's circular no. 142. the fourth is state investment subsidy for small-scale industries in certain areas and in certain taluks. the fifth is the special concessions to scheduled caste and scheduled tribe entrepreneurs. the sixth is the concessional power tariff. by the time the administrative machinery decided to grant the incentive of concessional power tariff to the assessee, it had already ..... , the assessee claimed rs. 76,055 also as a capital receipt. but the ito, with whom the commissioner (appeals) agreed, held that section 41(1) of the income-tax act, 1961 ('the act'), would apply to the facts of the case though admittedly on the face of the record that provision did not apply at least to rs. 76,055 of the ..... practice of income-tax, seventh edition, vol. 1, where it is said that subsidies or grants are, generally speaking, payments of a revenue nature and also section 28 of the act.4. we are first to understand and appreciate the circumstances under which the assessee got these amounts. in a pamphlet styled 'sipcot'- spectrum of services, published by the state industries .....

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